Jasper County Democrat, Volume 15, Number 21, Rensselaer, Jasper County, 15 June 1912 — Jury Acquits Barber Rhoades of Assault and Battery Charge. [ARTICLE]

Jury Acquits Barber Rhoades of Assault and Battery Charge.

The state case against C. W. Rhoades, the barber, charged with assault and battery on City Marshal Mustard Monday p. m., which was on trial as The Democrat went to press, resulted in an acquittal for Rhoades. Considerable difficulty was experienced in securing a jury, owing to almost everybody having expressed an opinion in the matter, but as finally made up it was composed of Elza Grow, Alf Donnelly, Frank Kresler, Lewis Welsh, S. S. Shedd, W. L. Newels, George Johnson, Harvey Davisson, I. N. Hemphill, John Poole, W. H. Barkley and G. H. McLain. The evidence was practically the same as stated in The Democrat’s report of the matter, 1 except that Rhoades denied hitting the marshal until after he had been struck by the latter with his club or "billy,” and that the marshal did not tell him that he was under arrest until after he had hit him, which is denied by the marshal. He thought the marshal had killed his dog because of an alleged personal spite, he said. Sheriff Hoover, who saw the trouble and stepped in between the men, and who was cue principal witness aside from the parties themselves, was a somewhat reluctant witness, it is said, and evidently wanted to smooth things over as much as possible, and testified that he did not see Rhoades hit the marshal. Otherwise his evidence was practically the same as The Democrat’s account of the mix-up. He heard Rhoades apply to the marshal several insulting epithets before any blows were struck by anyone. City Attorney Leopold was attorney for the defense and John A. Dunlap represented the state. The former is reported to have indulged in many unbecoming , remarks against the marshal in his argument to the jury. The jury was out about an hour and returned a verdict of acquittal. On first ballot the jury is alleged to have stood 8 to 4 for acquittal. » .This is the first time Mr. Rhoades has ever been mixed up in any trouble that we know of, but in this case his anger evidently got >the better of his judgment, and he went on the hunt of the marshal for trouble. That the marshal did his sworn duty in killing the unmuzzled dog is self-evident, and that Rhoades was justified in cpssing the marshal and assaulting him, a jury of twelve men have so said. Therefore The Democrat does not care to commit further on the case. The charge against Mr. Rhoades of using profanity will be dismissed in the justice court, it is reported, and be re-filed in the circuit court.